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Is the annulment process just a way to get around the Church’s prohibition on divorce?

Michie

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Q: I was married in a non-Catholic wedding ceremony, then divorced years later civilly. Once I became Catholic and wanted to marry again, I got an annulment of the first marriage. My non-Catholic friends and relatives said this was a Catholic cop out to get around Jesus’ prohibition against divorce, by saying that the first marriage “never happened.” Could you comment? (Indiana)

A: I certainly wouldn’t call the Church’s marriage nullity process a “cop out,” but I could see where non-Catholics might have this misunderstanding.

First, it’s good to keep in mind that the Church’s teaching on marriage, divorce and the possibility of a marriage being declared null is actually rooted in Scripture. In particular, in Chapter 19 of Matthew’s Gospel we read that:


“Some Pharisees approached [Jesus], and tested him, saying, ‘Is it lawful for a man to divorce his wife for any cause whatever?’ He said in reply, ‘Have you not read that from the beginning the Creator ‘made them male and female’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’ So they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.’ They said to him, ‘Then why did Moses command that the man give the woman a bill of divorce and dismiss her?’ He said to them, ‘Because of the hardness of your hearts Moses allowed you to divorce your wives, but from the beginning it was not so. I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery'” (Mt 19:3-9).

Church teaching on marriage​


Continued below.
 
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RDKirk

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Q: I was married in a non-Catholic wedding ceremony, then divorced years later civilly. Once I became Catholic and wanted to marry again, I got an annulment of the first marriage. My non-Catholic friends and relatives said this was a Catholic cop out to get around Jesus’ prohibition against divorce, by saying that the first marriage “never happened.” Could you comment? (Indiana)

A: I certainly wouldn’t call the Church’s marriage nullity process a “cop out,” but I could see where non-Catholics might have this misunderstanding.

First, it’s good to keep in mind that the Church’s teaching on marriage, divorce and the possibility of a marriage being declared null is actually rooted in Scripture. In particular, in Chapter 19 of Matthew’s Gospel we read that:


“Some Pharisees approached [Jesus], and tested him, saying, ‘Is it lawful for a man to divorce his wife for any cause whatever?’ He said in reply, ‘Have you not read that from the beginning the Creator ‘made them male and female’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’ So they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.’ They said to him, ‘Then why did Moses command that the man give the woman a bill of divorce and dismiss her?’ He said to them, ‘Because of the hardness of your hearts Moses allowed you to divorce your wives, but from the beginning it was not so. I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery'” (Mt 19:3-9).

Church teaching on marriage​


Continued below.


Then a tribunal official called the Defender of the Bond “plays devil’s advocate” and points out all the potential reasons why the marriage bond should be upheld in a given case.

Why would the author characterize the defender of the bond as "the devil's advocate?" Hmm.

I think the process all revolves around "What God has joined together." Not all "marriages" can be said to have God's approval, and the process is to determine whether a specific marriage is really "what God has joined together."
 
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Gnarwhal

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Q: I was married in a non-Catholic wedding ceremony, then divorced years later civilly. Once I became Catholic and wanted to marry again, I got an annulment of the first marriage. My non-Catholic friends and relatives said this was a Catholic cop out to get around Jesus’ prohibition against divorce, by saying that the first marriage “never happened.” Could you comment? (Indiana)

A: I certainly wouldn’t call the Church’s marriage nullity process a “cop out,” but I could see where non-Catholics might have this misunderstanding.

First, it’s good to keep in mind that the Church’s teaching on marriage, divorce and the possibility of a marriage being declared null is actually rooted in Scripture. In particular, in Chapter 19 of Matthew’s Gospel we read that:


“Some Pharisees approached [Jesus], and tested him, saying, ‘Is it lawful for a man to divorce his wife for any cause whatever?’ He said in reply, ‘Have you not read that from the beginning the Creator ‘made them male and female’ and said, ‘For this reason a man shall leave his father and mother and be joined to his wife, and the two shall become one flesh’ So they are no longer two, but one flesh. Therefore, what God has joined together, no human being must separate.’ They said to him, ‘Then why did Moses command that the man give the woman a bill of divorce and dismiss her?’ He said to them, ‘Because of the hardness of your hearts Moses allowed you to divorce your wives, but from the beginning it was not so. I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery'” (Mt 19:3-9).

Church teaching on marriage​


Continued below.
There's also a lot of commentary online claiming that most diocese in America are just "annulment factories" and they rubber stamp these things without any real faithful consideration to the Magisterium.

That's had me worried for years, but I just tell myself that I'm choosing to trust the Church which is what God wants us to do in the first place. The Church told me my first marriage (similar situation to the one in the article) was invalidly entered into so five years later I remarried in a valid Catholic Mass. I'm trusting that the Church didn't steer me wrong at any juncture.
 
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Michie

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There's also a lot of commentary online claiming that most diocese in America are just "annulment factories" and they rubber stamp these things without any real faithful consideration to the Magisterium.

That's had me worried for years, but I just tell myself that I'm choosing to trust the Church which is what God wants us to do in the first place. The Church told me my first marriage (similar situation to the one in the article) was invalidly entered into so five years later I remarried in a valid Catholic Mass. I'm trusting that the Church didn't steer me wrong at any juncture.
I have full confidence the Church guided you correctly. :)
 
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Gnarwhal

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I have full confidence the Church guided you correctly. :)
Me too, it's just always unnerving to hear faithful Catholics level a massive accusation of scandal so casually at the Church, but then what else is new?
 
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Michie

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Me too, it's just always unnerving to hear faithful Catholics level a massive accusation of scandal so casually at the Church, but then what else is new?
Nothing new under the sun. :)
 
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RileyG

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My uncle's now ex-wife was married multiple times (maybe 3? I think). I'm surprised she was even granted an annulment.

Too bad after their marriage they rarely attended Mass.
 
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Diamond72

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(unless the marriage is unlawful)
1 Corinthians 7 11 A wife must not separate from her husband. 11But if she does, she must remain unmarried or else be reconciled to her husband. And a husband must not divorce his wife.

In verse 28 we read: "But if you do marry, you have not sinned. And if a virgin marries, she has not sinned. But those who marry will face troubles in this life, and I want to spare you this."

People who remarry say they know they are going to have problems but they say they are willing to deal with that. In the case of David he lost his first child with Bathsheba but went on to have Solomon with her.

People who remarry have to deal with the baggage of the first marriage and the problems of the second. Far to often the kids pay the price when they have to decide if they want the daddy and his new wife or the mommy and her new boyfriend. Although the court will leave a child with the care giver.
 
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Paidiske

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Why would the author characterize the defender of the bond as "the devil's advocate?" Hmm.
It's a term originating in 16th-century ecclesiastical court hearings about canonising saints. The lawyer arguing against the desired outcome was said to be arguing "for the devil." The lawyer arguing for the desired outcome was called "God's advocate."
 
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RDKirk

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It's a term originating in 16th-century ecclesiastical court hearings about canonising saints. The lawyer arguing against the desired outcome was said to be arguing "for the devil." The lawyer arguing for the desired outcome was called "God's advocate."
The irony is that dissolution of the bond is the devil's desired outcome, not God's.
 
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